Lakmas Asserts Child Sexual Abuse Case in Atambua Must Be Prosecuted Through Legal Process, Not Settlement
Director of Lakmas Cendana Wangi NTT, Victor Emanuel Manbait, has asserted that cases of child sexual violence cannot be resolved through out-of-court settlement as this contradicts applicable legal provisions.
This assertion was made by Victor in response to the designation of three suspects in an alleged rape case involving a 16-year-old at a hotel in Atambua City, Belu Regency, by investigators from the Belu Police Office. “There is no case of sexual violence that may be settled peacefully and not processed through law. This clearly contradicts the law,” Victor stated when contacted on Sunday (1 March).
This statement is important to address various opinions and questions emerging within the community following the designation of the three suspects. According to him, the police’s action was correct in enforcing the law, protecting the victim, and providing a deterrent effect to the perpetrators.
Victor assessed that attempting peaceful settlement in sexual violence cases would undermine the victim’s sense of justice and potentially neglect children’s rights.
“We extend our appreciation to the Belu Police Office and all relevant parties that have designated three suspects to be processed in accordance with applicable law,” he stated.
He explained that Law No. 12 of 2022 concerning Sexual Violence Crimes (TPKS), particularly Article 23, confirms that sexual violence offences cannot be settled outside the judicial process, except against child perpetrators as regulated in the law.
Additionally, Article 76D of Law No. 35 of 2014 on Child Protection along with Articles 6 paragraph 1 and Article 7 of Law No. 12 of 2022 affirm that sexual intercourse or sexual harassment against children constitutes a general offence, not a complaint-based offence.
“Based on these two laws, police are obligated to process reports of child sexual violence without having to wait for a complaint from the victim,” Victor clarified.
Lakmas Cendana Wangi, he continued, will continue to monitor the legal process of this case until completion. Regarding victim support, he requested that special child protection measures be properly implemented, including psychological recovery support and fulfilment of other victim rights.
According to Victor, such protection can involve the Witness and Victim Protection Agency (LPSK) together with local government, whilst prioritising the child’s best interests.
Lakmas also urged the public not to fear reporting any form of violence experienced, witnessed, or heard. “The public can report to the police, Women and Child Protection Units in the district/city local government, or non-governmental organisations concerned with protecting women and children so that victims receive support,” he stated.
The case involves an alleged act of sexual intercourse or indecency under circumstances where the victim was allegedly not fully conscious.
The emergency situation of sexual violence against women and children must be immediately addressed with concrete measures capable of responding to various existing challenges.
To date, there are 332 Women and Child Protection Service Units (UPTD PPA) distributed across various regions. However, this number only covers approximately 60% of national needs. As many as 120 districts/cities still do not have such units.
The Ministry of Women’s Empowerment and Child Protection has urged parents to provide full care to prevent potential threats of child sexual violence.
Lentera Anak Foundation Chairwoman Lisda Sundari noted that sexual violence against children is difficult to detect.